American Beverage Corp. (ABC) and Pouch Pac Innovations filed suit against Diageo and its subsidiary, the Captain Morgan Co., in the Western District of Pennsylvania alleging, inter alia, design patent infringement. The complaint alleges that the defendants infringe the plaintiffs' design patent, D571,672, which claims "the ornamental design for a flexible pouch." Figures from the design patent at issue are shown to the right.
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An image of a commercial embodiment of the claimed design, as used for ABC's Dailey's Cocktails, is show below (left) alongside the defendants' Parrot Bay Cocktail package (right), which is alleged to infringe the patented design.
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